Federal Court of Australia
| Vic. No-322.
JUDGMENT No. 274. 7..3!
Neaeesecevecsesesel cesseaeseses
GENERAL DIVISION
No. P.428 of 1981 BANKRUPTCY DISTRICT
OF THE STATE OF VICTORIA
BETWEEN:
GEORGE NADJARIAN Default Judgment Debtor
* and
. 7
MYER MELBOURNE LTD. Default Judgment Creditor NORTHROP J. EX TEMPORE JUDSHENT 9 DECEMBER 1981
In this matter, George Nadjarian, the bankrupt, 15 seeking orders against Myer Melbourne Limited, the creditor, that the sequestration order made by the Fecleral Ccurt of Australia, constituted by Mr. Justice McGregor on 13 August 1981, be stayed pending the hearing of appeal No. V.G. 154 of
1981 and of appeal No. V.G. 193 of 1981.
I should indicate that the first of those appeais is an appeal against the sequestration order and that in that appeal Mr. Justice Smithers made an order on 9 November that the bankrupt give security for costs and that the hearing of
the appeal be stayed pending the giving of security and tinat
unless security was given within three months the appeal
should stand dismissed.
The second appeal V.G. 193 of 1981 is an appeal from that order of Mr. Justice Smithers and the court,
constituted by a single judge, has just made a similar order
in relation to security for costs, in relation to that
appeal, and the hearing of that appeal has been stayed
pending the giving of that security and unless that security is given within three months the appeal shall stand
dismissed.
The present motion for the stay of the
seguestration order is made pursuant to 0.52, r.17 of the
Federal Court Rules, and I quote sub-rules (1) and (3):
"17.(1) An appeal to the Court fand that is
the Full Court of the Federal Court of Australia} shall not -
(a) operate as a stay of execution or of proceedings under the judgment appealed from; or
(b) invalidate any auntermediate act or proceeding,
except so far as the Court [and that is the Full Court of the Pederal Court of Australia] or the ccurt below may direct.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate